>> i will take some notes. i want winston to visit us in the studio one of those days. >> maybe one of these days. he is a good addition to the fam. thank you for joining us. >> thank you for joining us. bill and ally are next. fox news alert. welcome to hq. i am bill hemmer. >> doing well. great to see you. i am alisyn camerota. the medicare chief telling the house she is 0 for the glitches but believes that the system is working. mike emmanuel is on the hill. give us the headline. >> reporter: four weeks after health care.goff web site out a senior administration official expressed regret. >> i want to apologize to you that the web site has not worked as well as it should.

i know how desperate it is to need affordable coverage. health care.goff can and will be fixed. we are working around the dlok clovenlth >> they were trying to get at hard numbers they asked if it would meet the time line on thursday? >> no one in the entire obama administration asked you not to release the numbers. >> we made the decision not to release the numbers until november. >> you have no idea what those numbers at this point? >> i told you we would release them in midnovember. >> i will take it that you don't want to answer. >> democrats were angry having

to defend the roll out of the web site and few blasted the republican colleagues. >> there is a deliberate and systemic attempt on the house and minority in the senate to make it impossible for all americans to receive quality health care, and some of us will not stand for. it we'll stand up and fight for it. health care is a right and not a privilege. >> the administrator called the problems fixable and sets the stage for kathleen sebelius, the health and human secretary to testify tomorrow. we expect fireworks then. >> we sure do. we'll not wait until november for. that >> details later. the main event is tomorrow as mike just mentioned. kathleen sebelius heads to the hill and takes the hottest seat in the town and we'll have it

for you in america's newsroom. hello. >> i am doing fine. what is your first question to her? >> i have seen the contract and the contractors in our last week of questioning made it clear that cm s was the integrator and considerable testing that was supposed to be done in the last part of 2012 and 13 and 14. and yet they said it was not done two weeks before the system went live. >> why did they do that? >> what explains that, bill, is simply they did not follow a disciplined methodology for a system implementation of this magnitude. this is like a set of building blocks. if the foundation is cracked or structure that holds up the walls is flawed, then it is going to fall down, and that's

what happen here with the web site. i disagree that it can be fixed. i don't believe it can be fixed. >> you do not? >> no, as a 30 year it official that developed things like this for the department of defense and private sector you can replace it, but you can't fix it. >> is that the solution thaw see, take the whole thing down and start all over again? >> they will probably try and tell us that they are fixing it and i am not going to tell you that there are not components that can be used in a rebuild, but you can't patch something like this up, bill, it doesn't work that way. it is not going to happen. and what needs to happen is finger pointing needs to stop. you heard the apology today. kathleen sebelius tomorrow needs

to apologize tomorrow. >> i how far she can go to satisfy you. i take two from your answers there is not a lot you can say. do you know if the president asked to see the web site before it was rolled out in >> i do not know if the president asked to see the web site before it was rolled out. that is an interesting question. but the president ought to reimburse the american people for the cost associated with fixing or replacing the web site. over $400 million is spent. it is a flawed roll out and a waste of taxpayer dollars. american people need to be reimbur reimbursed. >> thank you. we'll see you tomorrow. >> more problems for obama care in the great northwest. an alaska company is giving up trying to enroll people.

can the numbers still add up if people check out? lou dobbes is host of fox business network. wol start with enroll alaska, it was designed to help people enroll in obama care, but they say they have given up because there is a problem with the subsidy calculator and there is another organization in washington state, i think it is the state exchange is also having a math problem with the calculator on the web site. are these just glitches or a national problem. >> the national term is using glitches to talk about fundmental issues and problems and failures on health care.gov. and in the case of enroll alaska, when obama care rolled out, they have enrolled three folks in obama care. in the case of the washington

exchange, they like alaska enroll alaska, can't get an accurate number on the number or the amount of the subsidy available to those who want to enroll. it is a massive, massive mistake. the exchanges, the state exchanges themselves are having trouble because the central plan doesn't work. >> now, of course, we heard, tell us if it is accurate that 7 million people are expected by hhs to signed up bite end of march. don't 7 million people need to sign up in order for the math to work. >> in the obama administration's mind they do. they will not come close to that. they need to sign up 2 or 3 quarter million people again ages of 18- 35 so- called young invincibles that would pay high prices for the premiums and need

little health care. that part of the model is not working either. it is not just health care.gov. it is the entine model of obama care that is failing and we are watching the middle-class, family of four making $90,000 over womened by the premiums. individuals, 30 years old and in good health are looking at 260 percent increase of their premiums that is a fail and you are model and legislation that never reached out for broad consensous in the political spectrum and rammed through congress. it is a mess. >> last thursday, 700,000 people have applied. that is different than enrolling, isn't it? >> i think congress should be outreasonablinged. they are watching people, as

they did with ms. ta verener. it is a lie. it is washington ease, but it is a lie when she would not have the numbers until next month. that has nothing to do with enrollment. she can't release those numbers because "we decided that you mere congressman don't deserve to know the numbers". american people are told first we don't have to make government work and secondly, you can't do a damn thing about it. that is the message from the obama administration. >> great to see you today. we heard about the subpene at congressman issa issuing subpena to qssi one of the prime contractors and issa's committee said the group failed to comply to the original request. there were like 55 in the whole

mix we were told last week. and the white house announced qssi would take over. what do you want to hear from kathleen sebelius in tomorrow's hearing? we are taking your tweets@bill hemmer. >> and i am share some later. meanwhile our top enteleigence officials another scandal emerges on the nsa over the accusation we are spying on our allies and dozens of world leaders. the director and deputy director of the nsa and along with the director of national intelligence james clapper and general james cole all testifying this afternoon. law makers want to know how long it is going on and who knew about it. the white house said president obama did not know that the nsa was monitoring the phone calls.

>> lou dobbes makes a good point. you wonder how much of that sebelius will talk about tomorrow? >> you wonder if they know? >> or her answer every time they badger her with a question. law makers looking to the answer to so many questions of what the government knew and web site. what do the web site delays mean for the implementation of the law. one year ago today a monster storm settled over the northeast affecting millions of people and the recovery and progress made since super storm sandy. and bringing terrorist to justice on benghazi. we'll talk on a law makers looking for that exact answer, next. >> every time i see this on tv, i see bloody finger prints

crawling down the wall and i keep asking everybody. do they belong to my son? and no one has told me anything. [ indistinct conversations ]

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>> police are arresting a man that went on a killing spreechlt in the town of terrel, texas five are dead. and that is a high speed crash and a car crash and canine search in the woods. that is part of texas. >> i think it is a sign for the administration they are not taking it seriously and really offensive to the victims here and they are brought to justice. >> that was republican congressman mike mcca ul of texas. chairman of the homeland security committee and the terrorist are still at large.

he is leading an effort to find out why those suspects are missing from a state department program that offers rewards for information on terrorist. four americans died in the benghazi attack a year ago including ambassador stephens. joining us now is congressman peter king. >> thank you, alisyn. >> the state department set up rewards for justice program. it is to garner tips to help find terrorist. ramsey youseff convicted in the first world trade center bombing was found to use this program. it works. why wouldn't the suspects of benghazi be a part of this program? >> alisyn i agree completely with the chairman mcca ul. it should have been done and part of a whole pattern since

september 11th, 2012, the administration is not forth coming and gave phony reasons why the attack was held in the first place and claimed it was the video and a spontaneous demonstration and not a terrorist attack. we have no idea where the president was that night and what he did the day before on meetings on security. it shoes a lack of enthusiam on the part of the administration. it is a harsh charge to make. >> it is mystifying. the rewards for justice program spent $125 million. and again, it works. it has drummed up tips from 80 people and captured scores of terrorist. but the idea that they are not using this, it just makes you think that as congressman mcca ul said they are not taking it seriously or they don't want to find the suspect.

>> for some reason they are slow walking this and a lack of energy or enthusiasm since the attacks on 2011 or 2012. there is not a nickel spent here unless someone turns in a terrorist. the only way you want dollars spent is if a person tips them off to terrorism. this is money well spent and you are right it worked in the past and it is the type of thing that should be done automatically in a case of this magnitude. we failed in our obligation to the four men that were killed in benghazi. we did not carry out what we had to do for them. the very least we can do for their memories and families is apprehelped those who murdered them. there is a distinct lack of effort. >> congressman, it is a year and we have not arrested or prosecuted a suspect even though

we have names and photpeople ths defy logic. congressman peter king, let us know what you fine out. >> thank you, alisyn. everybody agrees that the roll out is terrible. but obama care is the law of the land. what happens in you don't comply with the dead line. >> one woman in charge of obama care's web site takes questions on capitol hill. back to the scene of heart break and devastation. >> we'll hear from the victims back then and now. >> now, i have no where to go. that's what i have.

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on this block, two people alone and in the surrounding areas within one square mile 11 people died. that is too much and that is a sign right there and tells people it is a dangerous area. >> we are looking at two years of work to make sure they are back in their homes. >> countless voices on sandy one year later. >> the super storm slammed in the northeast and caused $60 billion in damage. rick back in the jersey shore where sandy left so many beach

towns unrecognizable. >> how are they doing. this town was trashed. respiratory here on the beach the boardwalk was ripped to shreds. now it is left it bear. we saw the boats they had we saw several feets of sand they we

met the mayor george dempsey there. it is a work in progress. it is. our goal to get the beach open for the public and visitors. we succeeded 100 percent. they nice here and you had one demolished. >> and you ride by, it looks like a great house and if you were to see the damage done next day it is gone. you can basketball it was a year. we are working like the devil to get caughtument people may have wanted to come here but there

were not rental properties. and so tough times then and now. and bit of a struggle moving forward. this is where they go this past summer. thank you, rick. >> that's my hometown in new jersey where rick is. i haven't been able to go back to where it is. i am happy it is coming back now. our best. >> hurricane force winds battling upper. check out the video from denmark. the storm killed more than a dozen people and forcing the consolation of hundreds of flights. >> and so the maker of a popular hot sauce could be in hot water for a foul smell in the area.

the odoors are burning their eyes and causing sour throats and headaches. the plant has to come up with a plan to minimize the smell. the company denies the odorproblem. >> birthday pears had to move inside because the kid's eyes are burning. >> true story. >> it is delicious but hurts. now we know. democrats are proposing a way to have more fights. >> and reports on wasteful spending and why that is hurting our national parks. >> medicare chief hammered after the administration knew that millions of americans would lose their health plans under obama care. >> what you said about keeping your health care plan isn't true. >> they can keep. it >> no, they can't. they got cancellation notices. you can't keep.

it the president said you can't. why are you saying you can. i don't understand.

the eternal flame of the grave for president kennedy is restored temporarily relocated so repairs could be made. democrats are voting for a bill to authorize the

president for additional spending without raising the debt ceiling. the goal is to avoid future fights over the debt ceiling. that bill is not expected to pass the house. and facing more than 70 grand in fines. the labor department said she violated the head quarter were overcrowded with materials that blocked emergency exit. >> i will take some designer hand bags off of her hands. >> or shoes or hand bags. apparently it was a lot of that there. >> too much. >> you might get your pick. >> are you not familiar with the health care law? >> i am very familiar with the law. >> the president is aware of provisions that were snuck in the law that said you are not going to be able to keep your health care plan and doctor. yet you just said you can.

so you must not be aware and you didn't read the law that nancy pelosi said you should when the thing was passed. >> medicare administrator grilled about a report that the president anyhow that millions of americans would lose the health care plan. >> we heard the exact opposite four years now. a john a republican strategist and richard faller is radio host, good day to both of you. first question from camerota. >> very nice, bill. i will go to richard. we know that the irs put out a report in 2010, that said between 40 and 67 percent of the people with individual plans would probably have to lose those plans, the president knew that richard. why did he insist if you like your plan you will keep it. >> we have seen from the white house and human health service

were clear and open about that. kathleen sebelius said in the summer there is a possibility you will lose the plan. individuals who get letters indicating the plan was changed or cancelling, they should call the health insurer. >> that's not what the president said. here is a clip from the president in 2012, 2 years after the irs report came out. listen to the president. >> first, if you are one of the more than 250 million americans who have health insurance. you will keep your health insurance. this law will make it more secure and affordable. >> you will keep your health insurance and keep what you have and make it more affordable. premiums are going up. defend that, richard. >> a lot of folks will keep the doctors and keep the same health insurance company but cancelling plans is not knew and they did it years previously.

>> hold on a second. >> get off the man fix. you know the reports. we tabulated 2 million. we gave you a chance. we'll come back to richard in a second. >> the president in front of the american bar association if you like your health care plan you can keep it period. he did not say that 7 or 10 million people would be dropped from their health care plan. in california, the head insurance person said that 900,000 people will lose coverage by december 31st because of this law and many of them will not get it through the obama care exchanges because the websites don't work and they could end up facing fines in march because of the individual mandate. it is a disaster and we need to hit the reset and pause and delay the law for a couple of years. >> richard does this speak to

the president's credibility that he didn't adjust his language. >> i think the president is credible when it comes to health care. no question there were coding errors in the web site. but one of my listener indicated they talked 15 minutes and got the health care they deserve. >> come on, man. be honest here. >> i am, bill. >> other people have called this number and they can't get through and they refer them back to the web site. >> there is no question that the web site has issues. >> and so how do you say that the president has credibility when there are so many countless and endless problems and a woman to come back and say i will get back to you in midnovember. how does that make folks feel. is anybody in charge. >> there is no question that the web site is messed up and the president admitted.

that but people are beginning to see the benefits of the law. 1.1. pugh foundation said 1.1 million people can get the health care. and 3 million back on parent's health care. now you are going back. >> and john, i want to ask you a question. and the administration is falling back o. you know what, you are going to lose your coverage. but guess, what with the affordable care act you will get better coverage and that is great and the president could have been trumpeting that. but that is not what he said. it sounds as if he didn't know the details or fudging them. >> it was clear he knew. even if you are going to make that point those plans cost more money. david prome is dropped from his plan and offered a plan that is

more. there were three foundational promises that the president campaigned o. if you like the health insurance you will keep. it that's false. second driving costs down. that's false, too and we are not getting to universal coverage. the law is a disaster by any measure. >> and johnathon, what will sebelius say tomorrow? >> i don't know how she defends the thing. >> you can stop right there. that's enough. richard what does she say. >> i think sebelius will own up to the issues with the web site but in november we'll get the law back on track. >> all right. we'll see if that is the case. >> johnathon and richard, thank you so much. >> they are our national treasures. the stat u of liberty and the grand canyon and the national parks first to suffer when washington squabbles. dozens of national parks and

monuments closed. wasteful spending by congress forced the national parks service to delay much needed maintenance. we have more from doug. >> alisyn, the new report from senator tom coburn shoes the purchase of federal land and our treasured national parks are falling in disrepair and neglect. it is top heavy with bureaucracy and management and short on results. >> this is an agency that spends 650 million a year in administers a budget. that is outlandish. they have plenty of ways to stream line their processing and actually put more money in the deferred maintenance. >> coburn said despite the 11.5 billiop deferred maintenance

backlog that left our national parks with toilets that don't flush and pot holes, it found money for sending a park ranger to judge an film festival and antique car show in michigan and wine taste nothing howard jarvis. and found stains on the st. louis gateway arch but none of the money cleaned up the stains. >> the monuments and memorials on the national mall don't take care of themselves. i have employees that clean the restrooms and clean up the messes behind the public and pick up trash. >> and the problem is congress. congress is adding things in the parks that are not significant in terms of national interest. and what we have is most treasured resources, the big parks with the maintenance

backlog in excess of 2 million. coburn said his report began long before the sequester even existed. alisyn. >> thank you doug for breaking that down. >> we have a question for the judge. could the troubled roll out for americans to break the law. the judge will have answers on that in a moment. plus we all make mistakes. even iconic movie. never before seen star wars bloopers. >> and we'll see it. yes. my customers can shop around.

but it doesn't usually work that way with health care. with unitedhealthcare, i get information on quality rated doctors, treatment options and cost estimates, so we can ke better health decisions. that's health in numbers. unitedhealthcare. sthshgs autosales are down but

housing market is showing good signs. the case schiller index that measures 20 major cities show the biggest gains and las vegas one of the biggest cities hit bite recession has seen a jump in home prices. >> not bad. time to check in with grechin carlsson. >> and great to see you guys. you like your health care plan and can't keep it because of obama care? congressman joe barton is on the show with a new plan. an eight-year-old girl snatched from her bed room. she managed to escape but her attempted kidnapper is on the loose. a predator like this could go anywhere. gypsy, the mistress of the doctor accused of killing his wife. she testified about a expensive ring she got from the doctor just months after his wife died. >> thank you, gretchen.

>> and americans will have until march 31st to sign up. >> what happens if you don't comply since the web site will not be fixed for another month. we'll bring in judge napolitano. great to see you. >> how are you. >> great to see you. >> all right. if you don't sign up and pay the fine what happens? >> i have to correct you. according to the court court it is not a fine, it is a tax. you know the government did not argue that it was a tax and even though the people challenging did not argue it is a tax, the supreme court called it a tax, and because it is a tax, you have to pay it first and then seek your refund. this is insane. and so people will have additional tax bill. they must pay the tax bill and petition the irs. begging the irs to have that money paid back to them because

there was no insurance policy made available at the time the tax was due. >> that is because of judge roberts' ruling. >> it is because of the supreme court ruling. tax is different than a penalty. if we speed and have a point assessed. if you are i owe a tax and think it is too much. we pay the tax first and get the money back, later. that's what will happen to individuals who will not obtain insurance coverage because obama care doesn't work and the computer system couldn't get them to the insurance carrier and the dead line passed. >> so it is line garnishing the wages. >> it is the moral equivalent, yes. if you owe the tax and don't pay it, your employer will collect tax by taking it out of money that otherwise goes to you and send it to the irs.

>> judge, help me with something. you get your tax return after midapril. the only way for the government to collect the tax and fee and penalty is if you are owed a tax refund, correct? >> i don't know the answer to that, bill. >> they can send you a bill. >> they can with hold money that you are rightfully owed? >> we don't know if they can with hold money from your income because you owe the government for the failure to obtain health care, they have not yet made a decision on that. >> so the collection process of this is something we haven't determined. >> right. but the standard iergs collection. if you have a dispute you pay the money first and then ask for it back. you don't hold on to the money and make them take it from you. >> if somehow you get out of paying the tax first, are you breaking the law? >> yes.

the obama care is created an impossible conunned rum for millions of americans who lost their insurance policy and can't log on to get a new insurance policy or doctor. and the date quickly arising by which they must do so or increase the tax bill. >> that's a major lawsuit. >> if you want me to sound like varney it is fodder. yes. but it is going to leave blue collar americans owing a tax bill and not having insurance. judge andrew napolitano. always great to get your expertise. >> the white house said it will. >> yes twill. >> getting gnarly and hanging ten on the waive of a lifetime. how high this one got for a surfer who risk today all. this must looked fabulous in hd.

>> you are using a lot of surfer lingo, bill. that is gnarly and that is at times looking like amateur actors in an uncovered blooper reel. >> name it. name it. now. [ male announcer ] this before i go home.ba pain, when.. hey pam, you should take advil. why? you can take four advil for all day relief. so i should give up my two aleve for more pills with advil? you're joking right? for my back pain, i want my aleve. still running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories.

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we have a fox news alert now. lawmakers questioning the director of the nsa, another top official is the corredirectter

national intelligence. there was a protester a moment ago that was kicked out of the room. now the questioning of the spying and monitoring of every day americans and questions about leaders around the world. so we are keeping an eye on that for you. live here today. >> a surfer surfing what could be the largest wave off the coast of portugal. look at that. it is terrifying. surf experts and witnesses estimate the wave at 100 feet. it was so powerful that another surfer was almost killed when she he wiped out in it. >> holy cow. >> here is where the fun begins. well, how long --

>> that is kind of like us doing the tee tease before the show. >> julie has seen them all. >> are you saying that ali looks like chewbacca before she go to make up? >> thank you for pointing that out. star wars geeks rejoice all. bl the first time in 36 years. in one scene harrison ford as hans solo stumbles over his line and pretends to eat his microphone. >> action. >> ha ha ha whew. >> and in another blooper moment chewba krx ca get s in his way.

he stops to ask george lucas how to pronounce super nova. >> glad you were here to see it. how do you pronounce that? >> well, for almost 40 years, there has been speculation whether a blooper r eaeel even existed and lucas film commented on it. he screened his production at comicon in july. so there you have it. it is pronounced, super nova. >> we knew that. >> who knew?

>> meanwhile, a clean up crew hits the jackpot. >> and where it was hidden. you have one guess next. ( bell rings ) they remind me so much of my grandkids.

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treasure was found in the toilet of a plane from dedubai bangladesh. >> thank you guys. fox news alert for you, a hearing underway in our nation's capitol. wellccome to "the real story". how long has the spying been going on and who knew about it and when? >> lawmakers demanding answers about the scope if surveillance and international. house